Denied
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TAW-93600  /  AECOM Technical Services, Inc. and URS Federal Services, Inc. (Glen Allen, VA)

Petitioner Type: State
Impact Date:
Filed Date: 03/05/2018
Most Recent Update: 06/07/2018
Determination Date: 06/07/2018
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration

Investigative Report

TA-W-93,600

AECOM TECHNICAL SERVICES, INC. AND
URS FEDERAL SERVICES, INC.
INFORMATION TECHNOLOGY AND HRIS DIVISION
WHOLLY OWNED SUBSIDIARIES OF AECOM
GLEN ALLEN, VIRGINIA

TA-W-93,600A

AECOM TECHNICAL SERVICES, INC. AND
URS FEDERAL SERVICES, INC.
PAYROLL AND ACCOUNTS PAYABLE DIVISION
WHOLLY OWNED SUBSIDIARIES OF AECOM
INCLUDING ON-SITE LEASED WORKERS FROM
OFFICE TEAM, ROBERT HALF, RANDSTAD, AND INSIGHT GLOBAL
GLEN ALLEN, VIRGINIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers' firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated have increased;
AND
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation
or threat of separation and to the decline in the
sales or production of such firm.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article or service that
was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the production
or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under
section 202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 5, 2018 by state workforce office on behalf of
workers of AECOM Technical Services, Inc. and URS Federal
Services, Inc., Information Technology and HRIS division, wholly
owned subsidiaries of AECOM, Glen Allen, Virginia (TA-W-93,600)
and AECOM Technical Services, Inc. and URS Federal Services,
Inc., Payroll and Accounts Payable division, wholly owned
subsidiaries of AECOM, including on-site leased workers from
Office Team, Robert Half, Randstad, and Insight Global, Glen
Allen, Virginia (TA-W-93,600A) (AECOM Technical Services).
The workers in the Information Technology and HRIS division
supplies information technology support services for the firm,
while workers in the Payroll and Accounts Payable division
supply employee pay and vendor, supplier services for the firm.
The petitioner alleged, "IBM IT/Accounting HR and Finance
services are in India and Costa Rica. AECOM has sourced these
jobs by contract to IBM and jobs were shifted to IBM sites out
the US. Other AECOM workers in TX, CA and MA impacted as well."
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
TA-W-93,600
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
such workers' firm, have not become totally or partially
separated, nor are they threatened to become totally or partially
separated. In a group less than 50 workers, at least 3 workers
need to be separated. In this case, that threshold was not met.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
TA-W-93,600A
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or
directly competitive with the services supplied by AECOM
Technical Services have not increased. Imports of services
like or directly competitive to services supplied by the
workers of AECOM Technical Services were not reported in 2016,
2017, or during the period of January through February 2018.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
employee pay and vendor, supplier services or a like or directly
competitive services to a foreign country or acquire employee
pay and vendor, supplier services or a like or directly
competitive services from a foreign country. Services were
sourced to another party operating within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AECOM Technical Services is not a
Supplier to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of the Act,
19 U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AECOM Technical Services does not
act as a Downstream Producer to a firm that employed a group of
workers who received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of AECOM Technical
Services, Inc. and URS Federal Services, Inc., Information
Technology and HRIS division, wholly owned subsidiaries of AECOM,
Glen Allen, Virginia (TA-W-93,600) engaged in activities related
to the supply of information technology support services and
AECOM Technical Services, Inc. and URS Federal Services, Inc.,
Payroll and Accounts Payable division, wholly owned subsidiaries
of AECOM, including on-site leased workers from Office Team,
Robert Half, Randstad, and Insight Global, Glen Allen, Virginia
(TA-W-93,600A) engaged in activities related to the supply of
employee pay and vendor, supplier services to apply for
adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.
Signed in Washington, D.C. this 7th day of June 2018.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance